In re the Claim of Simon

Appellate Division of the Supreme Court of New York

In re the Claim of Simon

276 A.D.2d 961, 714 N.Y.S.2d 618, 2000 N.Y. App. Div. LEXIS 10840

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 26, 2000

StatusPublished

Cited by2 cases

This text of 276 A.D.2d 961 (In re the Claim of Simon) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re the Claim of Simon, 276 A.D.2d 961, 714 N.Y.S.2d 618, 2000 N.Y. App. Div. LEXIS 10840 (N.Y. Ct. App. 2000).

Pincite

Opinion

Appeals (1) from a decision of the Unemployment Insurance Appeal Board, filed January 7, 2000, which ruled that claimant was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause, and (2) from a decision of said Board, filed June 8, 2000, which denied claimant’s application for reconsideration.

[962]*962We find that substantial evidence supports the decision of the Unemployment Insurance Appeal Board that claimant voluntarily left his employment without good cause. Quitting in response to criticism by a supervisor has been held not to constitute good cause for leaving one’s employment (see, Matter of Spaulding [Commissioner of Labor], 264 AD2d 881, 882). Whether claimant quit or was fired on the day in question presented a credibility issue for resolution by the Board (see, Matter of Mesidor [Sweeney], 247 AD2d 696). We have considered claimant’s remaining arguments and find them to be unpersuasive.

• Mercure, J. P., Crew III, Graffeo, Mugglin and Lahtinen, JJ., concur. Ordered that the decisions are affirmed, without costs.

Free access — add to your briefcase to read the full text and ask questions with AI

Appeals (1) from a decision of the Unemployment Insurance Appeal Board, filed January 7, 2000, which ruled that claimant was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause, and (2) from a decision of said Board, filed June 8, 2000, which denied claimant’s application for reconsideration.

[962]*962We find that substantial evidence supports the decision of the Unemployment Insurance Appeal Board that claimant voluntarily left his employment without good cause. Quitting in response to criticism by a supervisor has been held not to constitute good cause for leaving one’s employment (see, Matter of Spaulding [Commissioner of Labor], 264 AD2d 881, 882). Whether claimant quit or was fired on the day in question presented a credibility issue for resolution by the Board (see, Matter of Mesidor [Sweeney], 247 AD2d 696). We have considered claimant’s remaining arguments and find them to be unpersuasive.

• Mercure, J. P., Crew III, Graffeo, Mugglin and Lahtinen, JJ., concur. Ordered that the decisions are affirmed, without costs.

Cite This Page — Counsel Stack

Bluebook (online)

276 A.D.2d 961, 714 N.Y.S.2d 618, 2000 N.Y. App. Div. LEXIS 10840, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-simon-nyappdiv-2000.

Opinion

Related

Cite This Page — Counsel Stack